The Legal Theory Analysis Of Debt For Goods

With the development of China's market economy,it plays an increasingly important role in the process of civil transaction.At the same time,brought to pay for the debt dispute cases are increasing.However,there is no unified legal provision for the system of offsetting debts with goods,but exists in the judgment views of various courts,which leads to the fact that there is no unified judgment standard for the dispute of offsetting debts with goods in judicial practice in China.In this context,this paper is divided into four parts.Through studying the court cases and other regional legislative cases,this paper discusses in depth the system of offsetting debts with goods.Firstly,through data statistics and case study,the author points out the current situation of China's debt-for-value system in practice,and puts forward the problems to be studied and the focus of dispute is: how to define the concept of debt-for-value? What is the nature of a debt-for-value agreement? Does a debt-for-value agreement signed before the maturity of a debt obligation have the function of guarantee? What is the relationship between the validity of an agreement for offsetting debts with goods after the maturity of a debt performance and the original debt? How to prevent the risks in the process of offsetting debts with goods,especially the false and defective judicial relief and prevention? What details do we need to pay attention to resolve the dispute of offsetting debts with goods?Secondly,on the basis of summarizing the focus of the dispute,the author makes a comparison and analysis of the similar rules in chapter 2 to clarify the concept,nature and composition of offsetting debts with goods.Thirdly,it is divided into two situations,that is,the agreement on offsetting debts with goods before the maturity of the debt performance period and the agreement on offsetting debts with goods after the maturity of the debt performance period.The effectiveness of the agreement on offsetting debts with goods and the relationship between the agreement and the original debt and debt are explained in detail,and the author puts forward his own views.Finally,on this basis and according to the needs of the practice of civil law,the author further answered several detailed questions that should be paid attention to in the handling of disputes over payment of debts by property in judicial practice.2.Whether the court can issue a written order or a conciliation statement in accordance with the agreement on offsetting claims;3.Judicial relief and prevention of false and defective payment of debts with goods;4,figuring out the right way to fulfill the object rules in our country,with a debt disputes,the author thinks that solve the among them simply called for legislation is not feasible,should return on the interpretation of the existing legal rules,only then can better maintain the authority of law and better handle emergency dispute civil law practice.